IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6282 OF 2025 Between: Golivi Mohan, S/o Gondu Thavudu, Aged about 62 years, Occ. Doctor Golivi Mohanarao Hospital, R/o Door No. 2280/A Jayalaxmi Nagar, Narasannapeta Town and Mandal, Srikakulam District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Panchayat Raj Department, Secretariat, Buildings, Velagapudi, Amaravathi, Guntur District 2. The District Panchayat Officer, Srikakulam, Srikakulam District. 3. The Grama Panchayat, Rep by its Executive officer/ Panchayat Secretary, Narasannapeta Grama Panchyat and Mandal, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction mostly which is in the nature of a Writ of Mandamus declaring the action of the 3rd Respondent have issued impugned hearing notice dt. 28.01.2025 vide Rc No. 244/2023- B under A.P Panchayat Raj Act 1964, without passing any order on my explanation to, dt. 05.02.2025, to removal from his respective subject land, as illegal, irregular, arbitrary, unjustified, unconstitutional and one unsustainable and direct the Respondents to forbear from taking any further^ steps in that regard. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of the Respondents in pursuance of the impugned hearing notice vide dt. 28.01.2025 vide Rc No; 244/2023- B under A.P Panchayat Raj Act 1964 to the petitioner pending disposal of the above writ petition. Counselfor the Petitioner:SRI UMASANKARLOKANADHAM Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) The Court made the following: ORDER .rW.- APHC010117922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] I THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6282/2025 Between: ...PETITIONER Golivi Mohan AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV This Court made the following: 2 JS,J W.P. No.6282 of2025 ORDER: to declare the notice No.244/2023- This writ petition is filed seeking respondent, calling upon the illegal and arbitrary, and consequently, further steps in pursuance of the 28.01.2025, issued by the 3' B, dated petitioner to appear for hearing, as direct the respondents not to take any to said notice. Heard both sides. 2. counsel for the petitioner submits that the petitioner’s father 3. Learned devolved an extent of 711 sq.yards of site in Sy.No.103/1 of Jayalaxmi Narasannapeta Town & Mandai, Srikakulam District, to the deed No.1528/2017 dated Nagar, under a registered settlement petitioner and has been in possession Later, the petitioner constructed a building for 07.08.2017. Since then, the petitioner enjoyment of the same hospital in the subject land by obtaining necessary approval from the 3 authorities issued a notice under Encroachment Act, 1905, the petitioner filed pendency of the said writ petition, the respondent. Earlier, when the revenue Section 7 of the A.P.Land W.P.No.40828 of 2022. During authorities issued another notice. Questioning the same, the revenue filed W.P.No.821 of 2023 and the same is pending before this petitioner court for consideration. V 3 JS,J W.P. No.6282 of 2025 The learned counsel further submits that now, the 3'^ respondent has issued the impugned notice calling upon the petitioner to appear for hearing on 05.02.2025 along with the relevant documents to prove his ownership over the subject property. The petitioner has submitted explanation on 05.02.2025. Learned counsel for the petitioner contends that the 3'^'^ respondent cannot resort to summary enquiry under the provisions of the A.P.Panchayat Raj Act, 1964 and the dispute regarding title can only be decided by the competent civil Court. By virtue of the notice dated 05.02.2025, the respondents are threatening the petitioner to vacate them from the subject property, without passing orders on the explanation. Questioning the same, the present writ petition is filed.. 4. On the other hand, learned standing counsel for the 3^^ respondent mainly contends that the petitioner has not participated in the hearing held on 05.02.2025 before the authorities to establish his ownership over the subject property and straight away approached this Court by way of this writ petition. 5. 6. Having considered the submissions made by both the learned counsel and in the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondents to consider the explanation of the petitioner dated 05.02.2025 and pass appropriate orders, after affording an 4 iS.i W.P. No.6282 of2025 opportunity of hearing to the petitioner, within a period of four (4) weeks Till such time, the from the date of receipt of a copy of this order, respondents shall not interfere with the petitioner’s possession over the subject land. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ■fT^-OFRCER SEC To 1. The Principal Secretary to Government, Panchayat Raj Department, Secretariat, Buildings, Velagapudi, Amaravathi, Guntur District 2. The District Panchayat Officer, Srikakulam, Srikakulam District. 3. The Executive Officer/ Panchayat Secretary, Grama Panchayat, Narasannapeta Grama Panchyat and Mandal, Srikakulam District. 4. One CC to Sri Umasankar Lokanadham Advocate [OPUC] 5. One CC to Sri Y Koteswara RAo (SC for ZPPS, MPPS & GP), Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:13/03/2025 ORDER WP.No.6282 of 2025 ANOJ^ g 24 MAR 2025 ^ . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS